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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against D on June 21, 201 against D, asserting that “D shall subscribe to the fourth unit of the world organized by D and paid a total of KRW 182,140,000, and as it was actually distributed to D without being paid the fraternity, D shall have the obligation to return the amount equivalent to the said fraternity to the Plaintiff, as Seoul Central District Court 201Ga1608.” The above court rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from February 15, 2011 to the date of full payment.” The above judgment became final and conclusive as it is.
B. A claim against D against the Defendant on the other hand, the Defendant subscribed to four successful bidders, who are well aware of who are other members of the world. The above successful bidders set the lowest successful bid amount and receive the successful bid amount as a deposit without paying it on the time limit day, and the remaining members of the community who have not yet been awarded the successful bid are different according to the successful bid amount on the time limit, and the payment amount of the successful bid amount for the members of the community who have already been awarded the successful bid shall be set at a certain amount each time.
The payment details of the Defendant's deposit shall be as follows, and if the payment is arranged in the table, it shall be as follows:
(1) The limits commenced on June 20, 2008 had been scheduled at 21 times until February 20, 2010. However, the Defendant paid D KRW 10,000,000 for each of the 1,2 times of payment, respectively, to D, and paid KRW 10,000,000 for each of the three times of payment, which became final and conclusive as a result of the successful bid on August 20, 2008. As such, the remaining unpaid amounts are 13 times of payment, and the remaining unpaid amounts are 130,00,000,000 won.
(2) The limits commenced on June 21, 2008 were scheduled at 11 times until April 21, 2009. However, the Defendant paid D KRW 20,000,000 for the first installment, 2, and 3 installment payments, respectively.